Common sense versus unfair justice: Crown, accused make final submissions in trafficking case

By Jamie Smith, tbnewswatch.com

THUNDER BAY -- The Crown is arguing common sense while a man representing himself claims he's been treated unfairly and there's no evidence against him as his drug trafficking trial wrapped Tuesday afternoon.

Marcel Breton, 48, is on trial at the Thunder Bay Courthouse for charges including possession of cocaine, marijuana and ecstasy for the purpose of trafficking, possession of property obtained by crime, possession of a prohibited weapon and laundering proceeds of crime.

In his closing arguments Crown attorney Vern Brewer said the drugs, money, knife and recreational vehicles found at Breton's home clearly infer that he was trafficking drugs.

Exhibits throughout the trial showed stashes of drugs and money around Breton's home and in his garage.

While Breton had argued that he was not the only one with access to the home and garage, even providing witness Katlin Dorval who claimed some of the evidence collected might have actually been hers, Brewer said the material wasn't hidden and showed that Breton had knowledge and control of it.

The garage was also monitored by security cameras and barred with two separate locks.

"He had control of it and he knew what was in it," Brewer said.

Records showed that Breton only owned two vehicles at the Mapleward Road home, owned by his mother, despite an ATV, a Bobcat and a snow machine on the property.

There was also more than $1.2 million discovered in a storage bin. Brewer asked why no one had come to claim any of the assets after they were seized more than four years ago unless Breton had used trusted friends and relatives to launder them.

Brewer provided case law from across the country with similar details to Breton's case where judges ruled that common sense inferred that trafficking had taken place.

But in his brief closing argument Breton told the court that there had never been an investigation and that police only searched the property for a handgun, which was never found. Justice Terrence Platana said he wouldn't interrupt Breton during the submissions but would only consider arguments based on evidence in the case.

There were no fingerprints on any of the drugs found and several keys could have been made so more than one person had access to his garage. He said he was illegally arrested and detained when police searched his home in December 2009.